Date of Decision: 1793
Abstract: Respondents, Messrs Allan & Steuart, Bankers in Edinburgh, ask the court to consider 1. Competency of the appeal and 2. Merits of the question. This case was in litigation for almost a decade leading up to this appeal. In 1783, Mr. Moffat, grazier in Portsburgh, bought a parcel of cattle from Mr. Guild with a bill of 150 £ sterling, payable in three months. Mr. Guild brought the bill to Respondents, Messrs Allan & Steuart, Bankers in Edinburgh. Respondents discounted the bill, after Mr. Moffat swore to its validity. Petitioner John Baird and Mr. John Newlands were Cautioners for Mr. Moffat. When the bill became due, Mr. Moffat refused to pay, alleging the Guilds had forged copies and discounted bills at other banks, bringing the sum of money owed to well over the original 150 £ sterling. Mr. Moffat later died, bankrupt, before the valid bill was ever found. The case was heard before Lord Justice Clerk Glenlee in 1785, Lord Stonefield Ordinary in 1792, Lord Ankerville in 1790, Lord Dreghorn and Lord Abercromby in 1792. Despite multiple judgments for Messrs Allan & Steuart, Mr. Baird still challenges the validity of the bill, and appeals the judgments against him as cautioner on the bill.
Subjects:

Published Report

Not Reported

Litigants

Defender:
Messrs. Allan and Steuart, Bankers in Edinburgh, Defender, Respondents
Pursuer:
John Baird, Pursuer, Petitioner, Cautioner for Mr. Moffat

People or Organizations Associated with Case

Named in case documents:
Mr. Moffat, Bought cows from Mr. Guild with a bill later discounted by Messrs Allan & Steuart, refused to pay the bill, died bankrupt
John Newlands, of Lochhead, Cautioner of Mr. Moffat, not party to this case
John Guild, Allegedly forged copies of the bill written by Mr. Moffat and then brought the copies to three or four separate banks to be discounted
Sir Thomas Miller, Lord Glenlee, 1st Baronet of Glenlee, Lord Justice Clerk, later Lord President
Messrs Mansfield, Ramsay, and Co., Bankers in Edinburgh, Writers of a bill endorsed by Moffat to Newlands and Baird, claimed by Allan & Steuart
Agent:
John Peat
Advocate for Defender:
Neil Fergusson, of Pitcullo
Lord Ordinary:
John Campbell, Lord Stonefield
David Ross, Lord Ankerville, 3rd of Inverchasley
Alexander Abercromby, Lord Abercromby
John MacLaurin, Lord Dreghorn

Case Locations (People)

Case Locations (Case)